Following the judgment of the Court of Appeal in the Mencap case in 2018, the Supreme Court have given Unison leave to appeal the decision that just time awake and working counts as working time, for minimum wage purposes, rather than all time spent during a sleep-in. Anthony Collins Solicitors LLP have written a short briefing on this development, which prolongs the uncertainty for both employers and their staff as the case is unlikely to be heard until late 2019 or 2020.

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